Children Cannot be Removed from the State of Colorado After Divorce is Filed
Denver, CO (Law Firm Newswire) April 24, 2012 - Filing for a divorce can be difficult and stressful. The road ahead has many uncharted obstacles, but for Colorado residents, some rules go into effect immediately after filing their Petition for Dissolution.
Regardless of whether the decision is mutual, once a divorce is filed in Colorado both parties are governed by some new guidelines. Something many people that are considering a divorce may not realize is that upon filing, a mandatory protection order (or restraining order) goes into effect against both parties.
The protection order prohibits either party from selling property, mortgaging property, removing, or hiding assets with the other party consenting. This stipulation prohibits a disgruntled party from selling of property to rightfully belongs to both people. Also, one of the parties is responsible for paying such necessary things like home insurance, health insurance, and life insurance.
“The mandatory protection order is in place to make sure property and debt is divided as equitably as possible,” said Denver divorce lawyer Bill Thode. “It also allows for some level of continuity to exist during the divorce process.”
While not selling off your mutually acquired goods may be easy enough to comply with, there is one guideline under the mandatory protection order that can cause challenges for divorce seeking parents. Neither parent can remove a child from Colorado.
When a minor child is involved in a divorce, a custody arrangement will have to take place as part of the proceedings marriage dissolution. It is not uncommon for a parent to want to take their child or children from their home to stay with a friend or relative during the divorce, but they must be in the state of Colorado.
However, experienced Denver custody attorney Bill Thode said there is a way for a parent to take a child out of the state after the dissolution as been filed.
“If a parent has a justifiable reason to leave the State of Colorado with their minor child, it is sometimes possible to obtain a court order or reach an agreement with the other parent to allow the parent and child to relocate,” Thode said.
Working with a Denver divorce lawyer that has a lot of custody trial experience can help a person get through the dissolution and custody process more easily by avoiding simple mistakes. Also, a lawyer can advise the party of their rights and obligations during the process – which can prevent problems from arising in the future.
Thode Law Firm, P.C.
201 Steele Street, Suite 201
Denver, CO 80206
Call: (303) 330-0425
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